New CJEU reference: Case C-472/13, Andre Lawrence Shepherd v Federal Republic of Germany

Wednesday, November 13, 2013

A reference for a preliminary ruling concerning Articles 9(2)(e) and 12(2) of Directive 2004/83/EC was published by the CJEU on 25 October 2013. It was lodged on 2 September by the Bayerisches Verwaltungsgericht München (Germany).

The new reference seeks clarification on interpreting the act of persecution contained in Article 9(2)(e) of the Qualification Directive: ‘prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in Article 12(2) [“excluded acts”]’. The reference contains questions on: (1) whether ‘military service’ requires direct actual combat; (2) whether the excluded acts must be systematic in the conflict, or may be committed on an individual basis; (3) whether the excluded acts must continue into the future, or may be limited to the present; (4) what the relevance is of prosecutions of the excluded acts; (5) whether refugee protection requires that the excluded acts entail an objective risk of conviction by the International Criminal Court, or whether a subjective conscience decision by the Applicant is enough.

A related question asks whether a dishonourable discharge from the army, the imposition of a prison sentence and the social ostracism and disadvantages associated therewith constitute an act of persecution within the meaning of Article 9(2)(b) or (c).

Read the full reference on the website of the CJEU.

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Exclusion from protection
Persecution (acts of)